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Poster: Purple Gel Date: Feb 2, 2006 8:06am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

Kozmikyak writes:
" I've initially cut out the tracks that contain cover songs because a quick Internet search shows me that archive.org is being harassed about this issue right now, and I see nothing explicitly allowing it."

Kozmikyak...
I think you may be reffering to comments made by Bob Weir in an interview after GDP pulled their sbds from LMA over Thanksgiving. In effect he tried to justify the action by stating that he thought there were copyright issues with allowing people to copy shows that featured cover songs. I think most people here would agree that this was merely a CYA attempt by him to deflect any bad mojo from GDP over this issue, and GDP subsequently reversed their decision allowing Auds to be downloaded and sbds to be streamed, so I think you can see that even GDP realized that this argument couldn't hold water. As a previous poster stated, there are literally thousands of shows on this site, including almost every GD shows that feature at least one cover tune. As long as you are comfortable with it, I would say go for it!

This post was modified by Purple Gel on 2006-02-02 16:02:53

This post was modified by Purple Gel on 2006-02-02 16:04:27

This post was modified by Purple Gel on 2006-02-02 16:06:15

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Poster: kozmikyak Date: Feb 2, 2006 8:09am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

Thanks for the input.

This is my personal summary of the situation: the people that say posting covers is all right give me emotional arguments like "I don't think there's a problem with it if there's no profit involved" or "everyone else is doing it". The people that say it isn't all right are giving me links to legal documentation, however tenuous. In addition, the people that say it isn't all right point out that I'm the one who checked the box saying I had rights to distribute, therefore I'm the one who could possibly get sued if there's a problem.

Final assessment: Despite the complaints of reviewers, and my own band members, as long as I'm in charge of uploading shows I need to delete cover songs to "cover" my own ass. Others may do as they please at their own risk, but I feel comfortable in my decision.

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Poster: Purple Gel Date: Feb 2, 2006 8:28am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

You gotta do what you are most comfortable with, and I don't think anyone will fault you for being cautious. I applaud any band that has the vision to realize that making their live music available is a good way to get the word out about your music and to get it heard. What's the name of your band? i would love to give it a listen ( I didn't see Kozmikyak listed, so i assume there may be another name)

This post was modified by Purple Gel on 2006-02-02 16:26:55

This post was modified by Purple Gel on 2006-02-02 16:28:45

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Poster: cousinkix1953 Date: Feb 2, 2006 9:45am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

The whole thing became moot, once the Bob Weir claim failed to hold water in the glass. Grateful Dead productions has first class lawyers. Common sense tells us, that their Chuck Berry, Johnny Cash, Rolling stones etc. covers wouldn't be here, anymore in any form, if a copyright holder complained. And they got paid; when the boys played their songs on stage.

Several veteran artists post covers here. They's certainly know the copyright laws after 20, 30 and 40 years in the business...

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Poster: Administrator, Curator, or StaffDiana Hamilton Date: Feb 2, 2006 10:11pm
Forum: etree Subject: Re: Enchanted Ape show pointer

I think this may be the show in question, where another patron did note the lack?
http://www.archive.org/audio/etree-details-db.php?id=33390

We do have other cases where bands choose to make only selections from shows available, for various reasons. While we'd like to have complete shows up whenever we can, through the band's generosity we can at least have *something* here in this case.

From a glass-half-full perspective, IMO originals are where a band gets to show their own abilities on all levels. :) And in this specific case, if anyone wants to hear what "lead cello" sounds like on rockin' original tunes, give a listen!

This post was modified by Diana Hamilton on 2006-02-03 06:11:19

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Poster: phishphan Date: Feb 3, 2006 1:31am
Forum: etree Subject: Re: Enchanted Ape show pointer

Diana,

so what is the final word. I was unaware of any change in policy on the archive regarding cover songs during a show. It seems that if bands are not allowed to post cover songs on the archive as part of their collection for the show, that there will be a lot (a lot) of tracks needing to be removed...



-=nick

This post was modified by phishphan on 2006-02-03 09:31:45

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Poster: Administrator, Curator, or StaffDiana Hamilton Date: Feb 3, 2006 2:11am
Forum: etree Subject: Re: Enchanted Ape show pointer

I have no "word" to offer on anything, but was pointing out that here we have just another case of a band choosing to let material be in the LMA to the extent they wish.

For bands with legal questions, I would suggest they contact their own legal counsel for advice.

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Poster: phishphan Date: Feb 3, 2006 2:45am
Forum: etree Subject: Re: Enchanted Ape show pointer

so basically, don't rock the boat...

but its not against the "rules" to post my band's show including covers?

thanks

-=nick

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Poster: Administrator, Curator, or StaffBrad Leblanc Date: Feb 4, 2006 4:02am
Forum: etree Subject: Re: Enchanted Ape show pointer

There are no rules forbidding it, but like Diana said - feel free to consult with your lawyer if you are concerned.

This post was modified by Brad Leblanc on 2006-02-04 12:02:37

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Poster: nagdot Date: Feb 3, 2006 4:57am
Forum: etree Subject: Re: Enchanted Ape show pointer

nice sounding band here diana ty for the turn on

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Poster: davidbarfield Date: Feb 2, 2006 5:09pm
Forum: etree Subject: Re: Legality of posting live shows with cover songs

"This is my personal summary of the situation: the people that say posting covers is all right give me emotional arguments like "I don't think there's a problem with it if there's no profit involved" or "everyone else is doing it". The people that say it isn't all right are giving me links to legal documentation, however tenuous. In addition, the people that say it isn't all right point out that I'm the one who checked the box saying I had rights to distribute, therefore I'm the one who could possibly get sued if there's a problem"


non-emotionally: the artists have been paid--or rather the publishers have been--other remarks have made that point here... but regardless if you look at the federal copyright statutes, you'll see the process.

if band x decides to make their old concerts commercially available--and those concerts contained between 4 > 7 covers per show and band x played hundreds of shows and a large amount of those shows were being scheduled for release AND the research suggested that each show could sell perhaps 10k copies....that's a lot of money to be paid. if there was a place where fans could get that same (rather similar) recording for free, that *place* would be seen by the bean counters as competition that needs to go.

that's what happened here recently--weir was off base. nothing illegal about this. if the riaa could make all of this illegal they would.

you're right though, it's not about profit, it's about ALL of the profit.

This post was modified by davidbarfield on 2006-02-03 01:08:53

This post was modified by davidbarfield on 2006-02-03 01:09:36